The High Court presided over by Justice Collins Acellam, has declined to issue a writ of habeas corpus in the case of former Butambala County MP Muwanga Kivumbi Muhammad, who has been missing for 13 days, following his seizure at a police checkpoint in Mpigi District.
On Wednesday, Justice Acellam ruled on Wednesday that the court couldn’t issue the order because Kivumbi’s whereabouts remain unknown and police have denied having him in custody.
He further ordered all respondents in the recently filed petition by Kivumbi’s lawyers including the Chief of Defence Forces, Inspector General of Police and the Attorney General to conclude their investigations into his whereabouts and report back to court within seven days.
“From the evidence presently before this Court, the Applicant’s whereabouts remain unknown. The material filed so far also indicates that the Applicant is not currently in the custody of the Uganda Police Force,” Acellam said in his ruling.
On Monday, the police denied holding Kivumbi in an affidavit sworn by ACP Tumugumye Godwin, on behalf of the Inspector General of Police (IGP) before the Civil Division of the High Court.
In the affidavit, ACP Tumugumye said that Kivumbi wasn’t arrested by officers under the command or supervision of the Inspector General of Police and further noted there isn’t any record indicating any operation involving the arrest or detention of Kivumbi by the force.
“Whereas it is true that the Applicant’s motor vehicle was stopped at a Police checkpoint, he was not arrested, abducted or detained by the Uganda Police Force. The deponent has not identified the alleged police officers or produced any evidence linking the Uganda Police Force to the alleged acts” he said.
In his ruling, Justice Acellam noted that the purpose of a writ of habeas corpus is to compel the person or authority holding a detainee to produce them before court, but said such an order would not be effective where the detaining authority is unknown.
“In my view, an order of habeas corpus would be ineffective at this stage if it cannot be directed to the person or authority required to produce the Applicant” Acellam ruled.
He added, “Since the Applicant’s whereabouts remain unknown, and since the Respondents have indicated their willingness to continue inquiries to establish where he is, it is prudent to allow them a limited opportunity to do so.”
Kivumbi, who is also the National Unity Platform (NUP) deputy President for Buganda, has not been seen in public since July 10th when he was intercepted by armed security personnel at a police checkpoint in Mpigi District hours after being released on bail in a terrorism case.
Justice Acellam set July 29th when the matter will come up for mention and hearing.
